a young couple works on Nevada annulment paperwork

How to Qualify for an Annulment in Nevada

Posted by Staff In Annulments 0 comment

Sometimes marriages begin under circumstances that make them invalid from the start. Unlike divorce, which ends a valid marriage, an annulment declares that a legal marriage never existed in the first place. Nevada law provides specific grounds for annulment.

Here Are The Legal Grounds for Annulment in Nevada

Nevada law recognizes several specific grounds that make a marriage eligible for annulment. You must prove at least one of these grounds to qualify. Contrary to popular belief, the length of marriage alone is not grounds for annulment—whether you’ve been married for two days or two decades, what matters are the circumstances, not the duration.

1. Existing Marriage (Bigamy)

If either spouse was already legally married to someone else when your marriage took place, your marriage is considered void from the beginning. It’s like trying to sign a contract when someone else already holds the exclusive rights—legally impossible.

This type of marriage is automatically void under Nevada law, as bigamy is also a criminal offense. While no formal annulment is technically required to invalidate a bigamous marriage, most people obtain a court order declaring it null to create a clear legal record.

2. Close Blood Relatives (Incestuous Marriage)

Nevada prohibits marriage between close blood relatives—specifically, relatives nearer than second cousins (including half-blood relationships). These marriages violate fundamental public policy and are considered void from inception.

Think of this restriction like building code regulations that prohibit certain unsafe construction practices—the law steps in to prevent unions that society has determined carry inherent risks.

3. Underage Marriage (Lack of Parental Consent)

When one spouse was under the legal age to marry and didn’t receive the required consent, the marriage can be annulled. In Nevada, a 17-year-old may marry only with both parental consent and court approval. Without these authorizations, the marriage is voidable.

This ground comes with strict time limitations. The underage spouse (or their legal representative) must file for annulment within one year of reaching age 18. Additionally, if the couple continues living together as husband and wife after the underage spouse turns 18, the right to annul on this ground is lost—similar to how a temporary license becomes permanent after a probationary period has passed without incident.

4. “Want of Understanding” (Lack of Mental Capacity)

At the time of the marriage ceremony, if one spouse lacked the mental capacity to consent or understand the nature of marriage, an annulment may be granted. This could be due to:

  • Mental illness or insanity
  • Severe intoxication from alcohol or drugs
  • Other mental impairment that prevented genuine consent

The key factor is whether the person was capable of understanding what marriage entails and providing meaningful consent. It’s comparable to signing a complex financial agreement while under heavy sedation—you can’t truly consent to something you don’t comprehend.

However, if an insane spouse later regains sanity and the couple willingly continues living together, the right to annul the marriage on this basis is lost. The law views this continued cohabitation as a ratification of the marriage.

5. Fraud

One of the most common grounds for annulment involves fraud—when one spouse only agreed to marry because the other intentionally misrepresented or concealed a crucial fact. However, not just any deception qualifies.

The fraud must go to the “essence of the marriage” itself. Courts typically look for misrepresentations directly related to the marital relationship, such as:

  • Secret inability or unwillingness to have children when this was discussed as important
  • Concealment of inability to engage in sexual relations
  • Marrying solely to gain immigration benefits with no intent to fulfill marital duties
  • Concealing a serious communicable disease from the spouse

Think of this like buying what you believe is a functional car, only to discover it has no engine—the misrepresentation goes to the very purpose of the transaction.

The deceived spouse must prove the fraud with “clear and convincing” evidence—a higher standard than the usual civil case requirement. Additionally, once the fraud is discovered, if the spouses voluntarily continue living together, the court will not grant an annulment. This continuation is legally viewed as forgiveness or acceptance of the situation.

6. Duress or Coercion

If one spouse was forced or threatened into the marriage against their free will, the marriage can be annulled. This falls under Nevada’s broader category of “grounds for declaring a contract void in equity.”

Essentially, any reason that would invalidate a standard contract can also serve as grounds for annulment, including:

  • Duress (threats or force)
  • Undue influence
  • Mutual mistake about fundamental facts
  • Other circumstances that prevented genuine consent

The court will require compelling evidence of the coercion or other equitable grounds that undermined the marriage’s validity.

a woman discovers she qualifies for an annulment in Nevada

Time Limitations and Practical Considerations

With the exception of underage marriage (which has the one-year limitation mentioned above), Nevada generally doesn’t impose strict time limits for filing an annulment. You may seek an annulment even after many years of marriage, as long as you can prove the legal grounds exist. Speak with an annulment lawyer to find out if your exact situation applies.

However, there are important practical considerations:

  1. Evidence becomes harder to gather over time. Witnesses’ memories fade, documents get lost, and circumstances change—making your case more difficult to prove the longer you wait.
  2. Property division gets more complex in longer marriages. Even if a marriage is annulled after many years, Nevada courts may still divide property acquired during the union equitably between the parties.
  3. Children remain legitimate. Any children born during a marriage that is later annulled remain legitimate under Nevada law, and provisions for their support and custody must still be addressed.
  4. Some grounds are lost through continued cohabitation. As noted above, certain grounds for annulment (like fraud or want of understanding) are forfeited if you continue living together as husband and wife after discovering the problem.

The wisest approach is to file for annulment as soon as possible after discovering the issue that invalidates your marriage. This strategy both complies with any specific time limits and strengthens your case by showing that you didn’t accept or ratify the marriage after learning of the problem.

a recently married man considers an annulment

The Annulment Process in Nevada

If you believe you qualify for an annulment based on any of these grounds, the process generally follows these steps:

  1. File a Complaint for Annulment with the appropriate Nevada court, clearly stating the legal grounds
  2. Serve the complaint on your spouse
  3. Present evidence at a hearing before a judge
  4. Obtain a Decree of Annulment if the judge finds your evidence sufficient

How Kelleher and Kelleher Can Help

Navigating the annulment process can be complex, particularly when it comes to gathering and presenting the evidence needed to prove your case. Our experienced family law attorneys at Kelleher and Kelleher can:

  • Evaluate whether your situation qualifies for annulment under Nevada law
  • Help gather and preserve evidence supporting your grounds
  • Handle all court filings and procedural requirements
  • Represent you at hearings
  • Address related issues of property division and child custody
  • Explain alternatives if annulment isn’t an option in your case

If you believe you may have grounds for an annulment in Nevada, contact us today for a consultation. We’ll help you understand your options and guide you through every step of the process.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Family law varies by jurisdiction, and individual cases may have unique factors. Always consult with a qualified family law attorney for advice regarding your specific situation.

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a recently divorced mother calls her parenting coordinator

Parenting Coordinators in Nevada: A Guide for Parents

Posted by Staff In Child Custody, Alimony, Divorce, Visitation 0 comment

Co-parenting after a divorce or separation can sometimes feel like navigating a ship through stormy seas. Even with the best intentions, disagreements about schedules, activities, and parenting decisions can create turbulence that affects the entire family—especially your children. Parenting coordination is a resource that can help calm these waters, providing structure and resolution when conflicts arise.

What Is a Parenting Coordinator?

A Parenting Coordinator (PC) is a neutral third-party professional who helps separated or divorced parents manage and resolve disputes about child custody or visitation outside of court. (source) Think of a PC as a GPS for your co-parenting journey—they won’t drive the car, but they can help you find the best route when you’ve reached a roadblock.

Parenting coordinators provide a unique hybrid of mediation and arbitration services specifically designed for high-conflict parenting situations. They act as:

  • Mediators who facilitate communication between parents
  • Educators who teach conflict resolution skills
  • Decision-makers who can break deadlocks on minor issues (when authorized)
  • Interpreters who clarify parenting plan provisions
  • Monitors who track compliance with court orders

The ultimate goal of a parenting coordinator is to reduce friction between parents and create a more stable environment for children. Like a lightning rod that safely redirects destructive energy, a PC diverts conflicts away from the children and into a structured resolution process. You no longer need to call your divorce attorney every time things get rough–you call your Parenting Coordinator.

a mother calls a parenting coordinator

When Might You Need a Parenting Coordinator?

Not every divorced family needs a parenting coordinator. However, they can be invaluable in certain situations, particularly after a divorce or separation when parents continue to experience ongoing conflict. Consider a PC if you recognize any of these situations:

High-Conflict Co-Parenting

If you and your co-parent struggle to have civil conversations about your children without arguments erupting, a PC may help. Just as a translator helps people who speak different languages understand each other, a PC can help parents who seem to be speaking different languages when it comes to raising their children.

Frequent Returns to Court

When minor disagreements repeatedly escalate to court proceedings, a PC offers a more efficient alternative. If you find yourself filing motions over issues like exchange times, extracurricular activities, or holiday schedules, a PC can address these matters without the delay and expense of court hearings.

Communication Breakdowns

If direct communication with your co-parent consistently leads to misunderstandings, hostility, or stonewalling, a PC can serve as a buffer. They can facilitate productive conversations—like a bridge connecting two islands that would otherwise remain isolated.

Inability to Agree on Day-to-Day Decisions

When routine decisions about your child’s life become battlegrounds—such as medical appointments, school events, or activity participation—a PC can help establish protocols for making these decisions efficiently.

Implementing a New or Complex Custody Order

A PC can be particularly helpful during the transition to a new custody arrangement, working like a project manager to ensure the plan unfolds as intended while addressing inevitable hiccups along the way.

How Parenting Coordination Works in Nevada

In Nevada, parenting coordination is a voluntary process that requires the consent of both parents, either through mutual agreement or court order. The coordinator in Nevada is usually called a “Special Master” or “referee” depending on what kind of case you have and what county you’re in.  For clarity’s sake, we will keep using the “Parenting Coordinator” (PC) terminology. Here’s how the process typically unfolds:

Appointment Process

  1. Initial Referral: Parents may agree to use a PC, or a judge may recommend one during divorce proceedings or subsequent custody disputes.
  2. Selection: Parents can jointly select a PC or ask the court to appoint one from a list of qualified professionals.
  3. Establishment of Authority: The scope of the PC’s authority is clearly defined in a court order or written agreement, similar to establishing the boundaries on a playing field before a game begins.
  4. Fee Arrangement: Parents determine how the PC’s fees will be shared, typically proportionate to income or split equally.

The Parenting Coordinator’s Powers

In Nevada, a PC’s authority is derived from the agreement that appoints them. This may include the power to:

  • Facilitate communication between parents
  • Interpret existing court orders (but not modify them)
  • Make minor decisions within the scope of the existing parenting plan
  • Recommend strategies for implementing the custody arrangement
  • Suggest resources like counseling or parenting classes
  • Report non-compliance to the court if necessary

However, it’s important to understand that a PC cannot:

  • Change custody or significantly alter a parenting plan
  • Make major decisions about the child’s education, religion, or healthcare
  • Enforce court orders through contempt powers
  • Modify child support

Think of a PC as having the authority to adjust the sails of your co-parenting boat, but not to change its fundamental course—that power remains with the parents and the court.

a father calls a nevada parenting coordinator

A Day in the Life: How Parenting Coordinators Resolve Disputes

Let’s walk through a typical scenario to illustrate how a parenting coordinator might help resolve a common co-parenting conflict:

The Situation: Your child has been invited to join a competitive soccer team that practices twice weekly, including during some of your co-parent’s scheduled time. You’re enthusiastic about the opportunity, but your co-parent objects because it interferes with their parenting time and they’re concerned about the commitment level.

Without a PC: This disagreement might lead to hostile text exchanges, involve the child in the conflict, and potentially result in a motion filed with the court—taking weeks or months to resolve while creating tension for everyone involved.

With a PC: Here’s how the process might unfold:

  1. You contact the PC about the situation, who then reaches out to your co-parent for their perspective.
  2. The PC schedules a meeting (joint or separate) within days rather than the weeks it would take to get a court hearing.
  3. During the meeting, the PC helps both parents express their concerns and desires:
    • Your interest in supporting your child’s athletic development and passion
    • Your co-parent’s concern about losing valuable time and the demanding schedule
  4. The PC helps brainstorm solutions that address both parents’ concerns, such as:
    • Adjusting the visitation schedule to ensure the co-parent doesn’t lose overall time
    • Creating a transportation plan that shares the burden equally
    • Establishing a trial period to assess the impact on the child and family schedule
    • Setting conditions for continued participation based on the child’s academic performance and enjoyment
  5. The PC documents the agreement, which becomes the roadmap for handling this activity.

This approach is like having a skilled negotiator help you and your co-parent create a win-win solution, rather than the win-lose outcome that often results from court proceedings.

Benefits of Using a Parenting Coordinator

Parenting coordination offers numerous advantages for families navigating high-conflict co-parenting situations:

Faster Conflict Resolution

Unlike court proceedings that can take months to schedule, a PC can typically address issues within days or weeks. This responsiveness is like having a 24-hour repair service for your co-parenting relationship—problems get fixed before they cause extensive damage.

Cost Efficiency

While there are fees associated with parenting coordination, they’re generally far less than the cost of custody attorney fees and court filings for repeated disputes. Think of it as preventive maintenance that helps you avoid costly repairs down the road.

Reduced Emotional Impact on Children

By resolving conflicts quickly and privately, children are shielded from the stress of ongoing parental disputes. A PC helps create a buffer zone around your children—like an umbrella protecting them from the storm of adult conflict.

Improved Communication Skills

Over time, working with a PC can help parents develop better communication and conflict resolution skills, potentially reducing the need for intervention in the future. It’s similar to working with a coach who helps you develop muscles you’ll use long after the training ends.

Consistent Application of the Parenting Plan

A PC ensures that the intentions behind your parenting plan are honored even as circumstances change, maintaining the spirit of the agreement even when the letter of the agreement doesn’t address every situation.

Selecting the Right Parenting Coordinator

Choosing the right PC is crucial for successful parenting coordination. Look for these qualities and credentials:

Professional Background

PCs typically come from fields such as:

  • Family law
  • Mental health (psychology, counseling, social work)
  • Mediation
  • Child development

The ideal background depends on your family’s specific needs—like choosing a specialist based on your particular health concern.

Training and Experience

Effective PCs have specialized training in:

  • Conflict resolution
  • Family dynamics
  • Child development
  • Domestic violence recognition
  • Substance abuse awareness

Ask potential PCs about their experience with cases similar to yours, particularly if there are unique elements like long-distance parenting or special needs children.

Personal Fit

The PC will be deeply involved in your family’s life, so consider:

  • Communication style
  • Approach to conflict
  • Availability and responsiveness
  • Fee structure
  • Location and meeting options (in-person vs. virtual)

Meeting with potential PCs before making a selection is like test-driving a car—it gives you a feel for how comfortable the relationship will be over the long term.

Getting Started with a Parenting Coordinator

If you believe a parenting coordinator could benefit your family, here are the steps to initiate the process:

  1. Discuss with your co-parent if this is something you both might agree to try (though this isn’t always possible in high-conflict situations)
  2. Consult with your family law attorney about whether parenting coordination is appropriate for your situation
  3. Research qualified professionals in your area who serve as parenting coordinators
  4. Draft a parenting coordination agreement that clearly outlines:
    • The PC’s role and authority
    • How decisions will be made
    • Fee arrangements
    • Term of appointment (typically 1-2 years)
    • Process for removing or replacing the PC if necessary
  5. Submit the agreement to the court for approval if required
  6. Schedule an initial joint meeting to establish protocols and priorities

Like laying the foundation for a house, this careful preparation at the beginning creates a solid structure for successful parenting coordination.

Is Parenting Coordination Right for Your Family?

Parenting coordination is not a one-size-fits-all solution. Consider these factors when deciding if it’s appropriate for your situation:

Good Candidates for Parenting Coordination:

  • Parents with a history of frequent disagreements about day-to-day child-rearing issues
  • Families where children are caught in the middle of parental conflicts
  • Co-parents who struggle with direct communication
  • Cases with repeated court filings over relatively minor issues
  • Parents willing to try an alternative approach to conflict resolution

Situations Where Parenting Coordination May Not Be Appropriate:

  • Cases involving untreated substance abuse
  • Situations with active domestic violence concerns
  • Parents unwilling to respect the PC’s role or recommendations
  • Families with severe financial constraints that would make the service burdensome

How Kelleher and Kelleher Can Help

At Kelleher and Kelleher, we understand the challenges of co-parenting after divorce or separation. Our experienced family law attorneys can:

  • Help you determine if parenting coordination is right for your situation
  • Connect you with qualified parenting coordinators in Nevada
  • Draft or review parenting coordination agreements
  • Assist with incorporating parenting coordination into your custody orders
  • Provide guidance on working effectively with your PC

We believe that reducing conflict between parents is one of the most valuable gifts you can give your children during and after a divorce. Parenting coordination is one tool that can help achieve this goal, creating a more peaceful path forward for your entire family.

Contact us today to discuss whether parenting coordination might be a helpful resource for your family’s unique situation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Family law varies by jurisdiction, and individual cases may have unique factors. Always consult with a qualified family law attorney for advice regarding your specific situation.

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children play in a park in Nevada

4 Ways to Calculate Child Support in Nevada

Posted by Staff In Alimony, Child Custody 0 comment

At Kelleher and Kelleher, we understand that navigating child support calculations can feel like trying to solve a complex puzzle while blindfolded. The regulations can be confusing, and the stakes are high—this is about providing for your children’s needs while maintaining your own financial stability.

In this guide, we’ll walk you through four methods to calculate child support in Nevada, explaining each in clear, straightforward terms.

Method 1: Use Kelleher and Kelleher’s Nevada Child Support Calculator

The simplest way to get a reliable estimate of your child support obligations is to use our firm’s specialized Nevada Child Support Calculator. This digital tool takes the guesswork out of complex calculations and provides you with a reasonable expectation of what the courts might order.

How Our Calculator Works

Our calculator considers many of the relevant factors under current Nevada law:

  • Both parents’ gross monthly incomes
  • Number of children requiring support
  • Custody arrangement percentages

Think of our calculator as your financial GPS through the child support landscape—it won’t make the journey for you, but it will show you the most direct route to understanding your obligations.

Benefits of Using Our Calculator

  • Accuracy: Updated regularly to reflect the latest Nevada laws
  • Convenience: Available 24/7 from any device
  • Privacy: No personal information is stored
  • Preparation: Helps you prepare financially and emotionally for court proceedings

While our calculator provides a solid estimate, remember that a judge may deviate from standard calculations based on your family’s unique circumstances. Just as no two families are identical, no two child support orders will be exactly the same.

Use our Child Support Calculator HERE

a mother watches children and wonders if she will pay child support in Nevada

Method 2: The “Income Shares” Model

In 2019, Nevada adopted the “income shares” model for calculating child support in Nevada, which was fully implemented by 2023. This model operates on the principle that children should receive the same proportion of parental income that they would have received if their parents lived together.

Step-by-Step Breakdown

  1. Calculate Each Parent’s Gross Monthly IncomeThis includes wages, salary, commissions, bonuses, self-employment income, and other earnings. Imagine your income as ingredients in a recipe—everything gets added to the pot, with few exceptions.

    Included Income:

    • Wages and salary
    • Commissions and bonuses
    • Self-employment income
    • Rental income
    • Interest and dividends
    • Retirement benefits
    • Workers’ compensation benefits
    • Unemployment insurance benefits
    • Disability insurance benefits
    • Monetary gifts and prizes

    Excluded Income:

    • Supplemental Security Income (SSI)
    • Temporary Assistance for Needy Families (TANF)
    • Social security benefits received by a child
    • Certain other public assistance benefits
  2. Determine the Combined IncomeAdd both parents’ gross monthly incomes together. This combined figure forms the foundation of the calculation, like the total budget a unified household would have available.
  3. Find the Basic Support ObligationNevada has established economic data tables that indicate how much of the combined income typically goes toward raising children. These tables show the presumptive basic support amount based on the combined income and number of children.

    For example, if the parents’ combined monthly income is $6,000 and they have two children, the table might indicate a basic support amount of $1,380 per month.

    You can see the table here: https://www.leg.state.nv.us/nac/NAC-425.html#NAC425Sec140

  4. Calculate Each Parent’s Percentage ShareDivide each parent’s income by the combined total to determine their percentage share of the financial responsibility.

    For instance, if:

    • Parent A earns $4,000 per month (67% of combined income)
    • Parent B earns $2,000 per month (33% of combined income)

    Then Parent A is responsible for 67% of the support obligation, and Parent B is responsible for 33%.

  5. Apply Percentages to the Basic Support ObligationMultiply the basic support amount by each parent’s percentage to determine their share of the financial obligation.

    Continuing our example:

    • Parent A’s share: $1,380 × 67% = $924.60
    • Parent B’s share: $1,380 × 33% = $455.40
  6. Adjust for Physical CustodyThe actual amount paid depends on the custody arrangement:
    • In primary physical custody situations, the non-custodial parent pays their share to the custodial parent
    • In joint physical custody situations, the calculation is more complex (see Method 3 below)
  7. Apply Any Applicable AdjustmentsThe court may adjust the amount based on:
    • Healthcare costs for the child
    • Childcare expenses necessary for parental employment
    • Special educational needs
    • Other factors deemed relevant by the court

This process is similar to building a house—each step builds upon the previous one to create a structure that’s appropriate for your family’s specific situation.

Low-Income Adjustments

Nevada recognizes that parents need sufficient resources to meet their own basic needs. The law provides for low-income adjustments:

  • For gross monthly income below $1,700, the presumptive minimum support amount is $100 per month
  • In cases of extreme financial hardship, the court may set support as low as $50 per month

High-Income Considerations

Nevada sets a cap on the income considered for child support calculations at $14,000 of combined gross monthly income. However, the court has discretion to set higher amounts based on the specific needs of the children and the parents’ resources.

parents of a child eating lunch will need to calculate child support

Method 3: The Joint Custody Calculation for Nevada Child Support

When parents share joint physical custody (each having at least 40% of the time with their children), the calculation takes a different approach. This method acknowledges that both parents are already covering many of the child’s expenses during their respective parenting time.

The Offset Method

  1. Calculate what each parent would pay if the other had primary custodyUse the Income Shares Model (Method 2) to determine what each parent would pay in support if the other parent had primary custody.
  2. Determine the difference between these two amountsSubtract the smaller obligation from the larger obligation.
  3. The higher-earning parent pays the difference to the lower-earning parentThis creates an “offset” that equalizes the financial resources available for the child in both households.

Example of Joint Custody Calculation

Let’s illustrate with our previous example:

  • Combined income: $6,000/month
  • Parent A: $4,000/month (67%)
  • Parent B: $2,000/month (33%)
  • Basic support for two children: $1,380/month
  • Parent A’s theoretical obligation: $924.60
  • Parent B’s theoretical obligation: $455.40

In a joint custody situation, Parent A would pay Parent B the difference: $924.60 – $455.40 = $469.20 per month.

This approach is like balancing a scale—adding weight to the lighter side until both sides are level, ensuring the child experiences similar financial resources in both homes.

Adjustments for Unequal Time-Sharing

If the time-sharing is not exactly 50/50 but still qualifies as joint custody (at least 40% to each parent), the court may adjust the calculation to account for the disparate time distribution.

For example, if Parent A has the children 60% of the time and Parent B has them 40% of the time, the court might adjust the support amount to reflect this difference, similar to how you might adjust ingredients in a recipe based on the number of people being served.

Method 4: Voluntary Agreement Method of Nevada Child Support

Nevada law recognizes that parents often understand their children’s needs better than anyone else. The state allows parents to create their own child support agreement that deviates from the standard calculations, provided certain conditions are met.

Requirements for a Valid Voluntary Agreement

  1. The agreement must be in writingVerbal agreements aren’t enforceable—like building on sand, they provide no stable foundation.
  2. Both parents must sign the agreement voluntarilyThere can be no coercion or duress in creating the agreement.
  3. The agreement must be approved by the courtA judge must review and approve your agreement, ensuring it meets legal requirements.
  4. The agreement must provide adequate support for the childThe court will not approve an agreement that provides less than adequate support without compelling reasons.
  5. The agreement must be in the best interests of the childThis is the court’s paramount concern—like a compass that always points north, the best interests standard guides all child-related decisions.

Factors to Consider in Your Voluntary Agreement

When drafting a voluntary agreement, consider including provisions for:

  • Base child support amount
  • Healthcare coverage and uninsured medical expenses
  • Educational expenses
  • Extracurricular activities
  • Transportation costs between homes
  • Future adjustments based on changes in income or needs
  • College expenses (though not legally required in Nevada)

Think of your voluntary agreement as a tailored suit rather than off-the-rack clothing—it’s designed specifically for your family’s unique measurements and needs.

Benefits of a Voluntary Agreement

  • Flexibility: Can be customized to your family’s unique circumstances
  • Cooperation: Promotes parental collaboration and communication
  • Predictability: Provides certainty about financial obligations
  • Efficiency: Often faster and less expensive than litigation
  • Amicability: Generally creates less conflict than court-imposed orders

Limitations of Voluntary Agreements

While voluntary agreements offer flexibility, they must still:

  • Provide adequate support for the child
  • Be deemed in the child’s best interests by the court
  • Comply with certain minimum legal requirements
  • Be modifiable if circumstances change substantially

Which Method Is Right for You?

The “best” method depends on your specific circumstances:

  • Method 1 (Our Calculator): Ideal for getting a quick, reliable estimate to start your planning
  • Method 2 (Income Shares Model): The standard approach used by courts when parents don’t agree
  • Method 3 (Joint Custody Calculation): Appropriate when parents share physical custody
  • Method 4 (Voluntary Agreement): Best when parents can cooperate and wish to create a customized arrangement

In many cases, you might use a combination of these methods—perhaps starting with our calculator to get an estimate, understanding how the Income Shares Model would apply to your situation, then negotiating a voluntary agreement that works for your family.

Need Help Calculating Your Child Support?

At Kelleher and Kelleher, we understand that these calculations can be complex and emotionally charged. Our experienced child custody attorneys can help you navigate Nevada’s child support system with confidence.

Whether you need assistance using our calculator, understanding how the Income Shares Model applies to your situation, navigating joint custody calculations, or drafting a voluntary agreement, we’re here to guide you every step of the way.

Contact us today for a consultation and take the first step toward clarity and peace of mind regarding your child support matters.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Child support laws can change, and individual cases may have unique factors. Always consult with a qualified family law attorney for advice regarding your specific situation.

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Choosing the correct option is difficult

What Kind of Experience Should My Nevada Divorce Lawyer Have?

Posted by Staff In Child Custody, Divorce, Protection Order 0 comment

Picture this: You’re sitting across from an attorney who has practiced law for 30 years. Impressive, right? But here’s the real question: Have they handled cases like yours? Do they know the specific challenges of divorcing a business owner in Nevada? Have they successfully managed high-conflict custody battles in Las Vegas courts?

Your divorce shouldn’t be just another file on someone’s desk. Maybe you’re worried about maintaining your relationship with your children. Perhaps you’ve spent years building a business. Or you might be concerned about protecting your retirement after a long marriage.

Think of divorce law like a medical specialty. Just as you wouldn’t want a general practitioner performing heart surgery, you shouldn’t trust your divorce to an attorney who handles everything from real estate to criminal defense. Nevada family law demands deep, specific expertise that only comes from years of focused practice.

Protecting Your Children’s Future: Expert Child Custody Representation

When children are involved in your divorce, the stakes couldn’t be higher. Divorce has a real human impact, especially for your family.

Child custody cases demand more than just knowledge of family law—they require a sophisticated understanding of child development, family dynamics, and the Las Vegas court system’s approach to custody decisions. Your custody case might involve unique challenges that require specialized experience. An experienced divorce attorney will know how to handle insurance coverages and health care needs for your children, college savings plans, extracurricular activities and school fees, and even travel expenses for visitation.

Modern family dynamics require modern solutions. Are you a father hoping to maintain meaningful relationships with his children despite frequent business travel? By leveraging virtual visitation rights and creating a flexible custody schedule, the right lawyer can make sure your doesn’t compromise your role as an involved parent.  Do you have a child with severe autism? Your lawyer needs to help create a highly detailed parenting plan that maintains crucial stability, while ensuring both parents remain actively involved in the child’s care. Do you need to move for career advancement or family support? You will need to develop strategies that balance career opportunities with maintaining strong parent-child relationships.

Protecting Your Assets: Expert Property Division

Dividing assets in divorce demands more than basic legal knowledge—it requires a sophisticated understanding of property valuation, financial forensics, and wealth preservation strategies. Your financial future hinges on getting property division right the first time.

Complex Financial Structures and Hidden Assets 

Complex asset division demands intimate knowledge of business operations, real estate markets, and investment structures. You might be a business owner, looking to protect your company, a real estate investor who needs to preserve your portfolio, or a professional who wants to safeguard your retirement savings. Your former spouse might be hiding assets from you, or obscuring the value of those assets. A good lawyer will have resources to sift through all of the financial records and make sense of them. They’ll even be able to find things that you might have missed.

Financial concealment takes many forms. It might be a businesses funneling profits through shell companies. There might be real estate held in complex trust structures. Retirement accounts can be masked by multiple transfers, investment portfolios obscured by cryptocurrency transactions, or international assets hidden through offshore accounts. There are many red flags that need to be addressed to make sure all of the assets are discovered and divided fairly.

Real Estate and Property Valuation

Las Vegas real estate presents unique challenges in divorce that demand specialized expertise. Market volatility, property appreciation rates, and rental income potential all factor into fair division. A good lawyer will have access to real estate experts to ensure accurate valuations of everything from primary residences to complex commercial holdings. This includes vacation properties, commercial developments, and investment portfolios. Only a lawyer for high-asset divorces knows all the ins and outs of this part of the law.

Retirement and Pension Protection

Dividing retirement assets requires precise legal handling to avoid costly mistakes. One misstep with a QDRO (Qualified Domestic Relations Order) can cost thousands in taxes and penalties. You need experience that encompasses the full spectrum of retirement benefits, from traditional 401(k)s to complex military pensions. This expertise ensures your retirement assets receive the protection they deserve during your divorce.

 

Protecting Yourself: Expert Conflict Resolution

High-conflict divorces aren’t just emotionally draining—they can threaten your safety, stability, and relationship with your children. These contentious divorces demand expertise in both legal strategy and conflict management. A divorce case can be derailed by inaction from your lawyer. It happens all too often. A spouse uses the court system itself as a weapon, filing repeated frivolous motions to drain resources and create stress, but your lawyer doesn’t have the right strategies to stop it. It’s easy to get buried under these tactics and lose the things that are most important to you.

Emergency Protection When Time Matters

Some situations can’t wait for standard court procedures. When it’s 2 AM, and there’s an explosive situation at home, securing an emergency protection order to protect yourself or your children can’t wait until things have calmed down. A quick response prevents dangerous escalation and establishes crucial legal protections. Las Vegas courts take domestic violence and harassment seriously, but presenting these cases often requires specific expertise. Sometimes, you might face ongoing harassment disguised as legitimate business communication, hidden financial threats–like a spouse attempting to drain accounts or damage credit scores, or psychological manipulation tactics, where one spouse tries to alienate children or manipulate custody situations . Your lawyer needs to document the patterns and behaviors thoroughly and methodically. This detailed approach helps secure comprehensive court orders that close common loopholes while protecting your safety, security, and stability.

De-escalation Through Strategic Legal Action

High-conflict cases often mirror the intensity of accident scenes—emotions run high, and quick decisions carry long-term consequences. A good approach combines immediate protective action with strategic long-term planning. Through careful legal strategy and targeted de-escalation techniques, a potentially devastating situation can be transformed into a structured resolution that protects your interests.

Why Choose Kelleher & Kelleher: Your Family Law Partners in Las Vegas

 At Kelleher & Kelleher, we bring decades of focused family law experience that makes a real difference in outcomes. Over the years, we’ve built more than just a law practice—we’ve created a legacy of supporting families through their most challenging transitions. Your case benefits from our entire team’s collective wisdom. Family law cases frequently need additional professional expertise. We’ve built strong relationships with respected professionals to strengthen strengthen custody cases, uncover hidden assets, and ensure fair property division. These relationships prove invaluable when building strong cases for our clients.

When you reach out to our office, you’ll speak with an experienced divorce lawyer who will take time to learn about your specific situation. We’ll discuss your immediate concerns and long-term goals, explain potential strategies for your case, and help you understand what to expect from the legal process ahead. Contact us today at (702) 384-7494. Let our experience guide you toward the best possible outcome for you and your family.

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How to Choose A Nevada Divorce Attorney?

Posted by Staff In Divorce 0 comment

When you’re facing divorce, finding the right attorney feels overwhelming. The decisions you make now will affect your life long after the divorce is final. Many people rush to hire the first attorney they meet, or choose based on the lowest fee. Others get swayed by aggressive advertising or unrealistic promises. Making an informed choice that serves your best interests, while avoiding these common pitfalls can be really difficult.

Think of hiring a divorce attorney like choosing a guide for climbing a mountain. You wouldn’t pick someone just because they’re the first person available or the cheapest option. You’d want someone with the right experience, who knows the terrain, has the proper tools, and most importantly, someone you trust to keep you safe on the journey. Your choice of attorney affects everything from custody arrangements to property division. Before you make this crucial decision, take time to evaluate potential attorneys based on the five key factors below.

Experience That Matches Your Specific Situation

Every divorce case brings its own unique challenges. You need a family law attorney whose experience aligns with your specific needs. You deserve a family law attorney who has handled cases like yours before. If you’re dealing with a high-asset divorce or own a business, you need more than just any Nevada family law specialist – you need someone who regularly handles complex asset division. If you are facing a heated custody battle, you need an attorney who has successfully resolved visitation rights or shared holiday times.

A Strong Professional Network

A skilled Las Vegas family law attorney brings more than their own expertise to your case. They bring an entire network of professionals who can support different aspects of your situation.

Think about a custody case involving a family business. Your attorney might need to bring in both a child psychologist to assess your children’s needs and a forensic accountant to evaluate the business assets. Your case might need a social worker to look at it, or maybe a therapist to help deal with related trauma. You might need to hire a private investigator to search for bad behavior or hidden assets. A good divorce attorney will have connections to all of these people and more, if you need them.

A divorcing couple talk to a therapist

Clear Communication Style

Legal jargon can make family law feel intimidating. Your family law lawyer should break down complex concepts into clear, straightforward terms. When you meet with potential attorneys, pay attention to how they communicate. Do they take time to answer your questions? Do they explain things clearly without using excessive legal jargon?

Beyond making sure you understand the process, is your attorney going to be open with you? Will they keep you in the loop when things happen on your case? Do they use texts or emails? Are they open to phone calls?

Suppose you get a little heated in court. Emotions are going to run high. Things might be highly contentious. Will your attorney be able to tell you when you need to back down or change how you present yourself so that your case has better outcomes? They should provide honest feedback about you and your case, your chances for success, any conflicts that they might have, or difficulties they see coming in the future.

Realistic Expectations

Be wary of any Nevada divorce lawyer who makes promises about specific outcomes. Family law cases can be unpredictable, and no ethical attorney can guarantee results. Instead, look for a family law attorney who gives you an idea of what to expect, without all the hype. A good lawyer should present realistic scenarios based on their experience. They will have worked with clients in similar situations, so they’ll have a general idea of how things might go. They’re also going to talk about potential challenges openly. Your situation is going to be unique, because you and your spouse are unique. There are likely to be some curveballs in your case that your attorney should be able to talk to you about.

A Strategy That Aligns with Your Goals

Another thing to look for is how they outline their strategies to achieve your goals. Your divorce attorney should develop a strategy that fits your specific situation and priorities. Whether you’re focused on maintaining a relationship with your children, protecting your business interests, or ensuring financial stability, your attorney’s approach should reflect these goals. They should be able to talk about timelines, documents, and step-by-step guideposts to make sure that your case is going to stay on track. They’ll also need to show they can be flexible with their plans, and not give you too many “long shot” scenarios.

Ready to Take the Next Step?

As family law attorneys serving Las Vegas families for decades, at Kelleher & Kelleher we see the real impact that choosing the right (or wrong) attorney has on our clients’ lives. We’ve earned our reputation as trusted family law attorneys in Nevada through decades of dedicated service to our clients. We’re ready to put our experience to work for you.

Call us today at (702) 384-7494 to schedule a consultation with an experienced Las Vegas divorce attorney. Let us help you start this new chapter of your life with confidence and clarity.

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A Quick Overview of Military Divorce in Nevada

Posted by Staff In Divorce 0 comment
Are you facing a military divorce in Nevada? Military divorces present unique challenges that set them apart from civilian divorces. Think of it as playing chess on two boards simultaneously – you need to follow both Nevada state laws and federal military regulations. This guide will help you understand the key aspects of military divorce in Nevada.

Starting the Process: Residency and Grounds

Before filing for divorce in Nevada, you’ll need to meet specific residency requirements. Think of residency requirements as your ticket to enter the Nevada divorce court system. You qualify if either you or your spouse have lived in Nevada for at least six weeks before filing, or you got married in Nevada while both living there and are filing in the same county
For military members, establishing residency can be more complex. While being stationed in Nevada isn’t automatically enough to establish residency, your legal residence (often called “home of record”) might qualify you. It’s similar to how college students maintain their home state residence while studying elsewhere.
As for grounds for divorce, Nevada offers three options. The first is living separately for one year or more. If you haven’t occupied the same residence for at least a year, this applies to you. Next, spouse’s insanity for at least two documented years can be grounds for divorce. The last option is incompatibility. Most couples, military or civilian, choose incompatibility – Nevada’s version of “no-fault” divorce. It’s like saying “we just don’t work together anymore” without having to prove who’s at fault.

Special Protections for Service Members

The military understands that serving your country can make it difficult to participate in legal proceedings. That’s why the Servicemembers Civil Relief Act provides important protections, including a 90-day delay in proceedings if military service interferes with participation, protection from default judgments (decisions made when one party doesn’t respond), and the right to have an attorney appointed to protect their interests.
Nevada has modernized its approach by allowing virtual court appearances, making it easier for deployed service members to participate in their divorce proceedings – think of it as Zoom meetings with legal authority.

Medical Benefits and Asset Division

Military medical benefits post-divorce follow what’s known as the “20/20/20 rule.” Like a three-part combination lock, all three numbers need to align for full benefits: 20 years of marriage, 20 years of military service, and 20 years of overlap between the marriage and service.
If there’s only 15 years of overlap, the spouse gets one year of transitional benefits. Children’s coverage continues until age 21 (or longer if in school or disabled), regardless of the divorce.
Nevada is a community property state, meaning assets acquired during marriage are typically split 50/50, like cutting a pie down the middle. Military pensions can be divided as part of this property division, but there’s a catch: for the military to pay the ex-spouse directly, the marriage must have overlapped with military service for at least 10 years (the “10/10 rule”).

A recently divorced military member plays with his child

Child Custody and Family Care Plans

Child custody decisions prioritize the child’s best interests, but military service adds another layer of complexity. Service members with custody responsibilities must create a Family Care Plan – think of it as a detailed backup plan for when duty calls. This plan is required if you’re a single military parent, share custody with someone other than your current spouse, or both parents are service members.
The plan must detail contact information for the other parent and alternate caregivers, financial support arrangements, transportation plans, and contingency plans in case of death. Active duty members have 60 days to submit this plan, while reserve members get 90 days.

Making the Law Work for You

Navigating a military divorce requires understanding both state and federal laws, making it crucial to work with an attorney experienced in military divorce matters. Like having a skilled navigator on a complex journey, the right legal guidance can help you avoid pitfalls and reach your destination more smoothly.
Remember, while this overview provides general information, every military divorce has its unique circumstances. Consulting with a qualified attorney who understands both Nevada family law and military regulations is your best first step toward handling your military divorce effectively. At Kelleher & Kelleher, our Las Vegas family law specialists combine deep knowledge of Nevada family law with extensive experience in military divorce cases.

Ready to take the first step? Call us at (702) 384-7494. Our experienced Nevada family law attorneys will help protect your rights and guide you through every stage of your military divorce.

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property division in nevada divorce

What is Separate Property Division in Nevada Divorce?

Posted by Staff In Divorce 0 comment

Picture this: You’ve inherited your grandmother’s cherished family home, or perhaps you’ve built a successful business years before marriage. Now, facing divorce in Nevada, you’re wondering if these precious assets will be divided with your spouse. As experienced divorce attorneys in Las Vegas, we at Kelleher & Kelleher see this concern regularly among our clients.

Did you know that in Nevada, nearly 40% of divorce disputes involve complex questions about separate property? Whether you’re considering divorce or simply planning for the future, knowing how to protect your separate property can save you significant stress and financial loss down the road.

Your separate property rights in Nevada carry significant weight – but only if you can prove and protect them properly. The reality is that many Nevada residents lose their separate property rights simply because they didn’t take the right steps to maintain them during marriage.

At Kelleher & Kelleher, our family law attorneys have helped countless Nevada residents protect their separate property rights during divorce. We’ve seen firsthand how proper planning and documentation can make all the difference in preserving your individual assets.

The Basics of Property Division in Nevada

Let’s cut straight to the chase about how Nevada handles property in divorce. Nevada follows community property laws – and this makes a big difference in how your assets might be divided during divorce.

Here’s what that means for you: In Nevada, the law starts with the assumption that everything you and your spouse acquired during marriage belongs to both of you equally. This isn’t just about the obvious things like your house or cars – it includes retirement accounts, businesses, and even that side-hustle you started last year.

Under Nevada law (NRS 123.130), separate property includes:

  • Assets you owned before marriage
  • Gifts received during marriage
  • Inheritances received during marriage
  • Personal injury settlements

Here’s the catch: while separate property can remain yours alone, you must prove two key things:

  1. The property qualifies as separate property under NRS 123.130
  2. You never took steps to convert it into community property

Consider this example: Let’s say you inherited $50,000 from a relative during your marriage. If you deposited that money into a joint account with your spouse or used it to purchase property in both names, you might have inadvertently converted—or “transmuted”—your separate property into community property.

Protecting Your Separate Property

Nevada law (NRS 123.150) provides several ways to protect your separate property:

  • Keep it completely separate from community assets
  • Create a prenuptial agreement
  • Record an inventory with the County Recorder (though this method is rarely used)

Most people don’t realize how easily separate property can become community property. Something as simple as adding your spouse’s name to a pre-existing account or using inherited money to buy jointly-owned assets can transform separate property into community property.

The courts take these actions seriously. If you do anything that suggests an intent to share what was once yours alone, the court will likely honor that apparent intent. This aligns with Nevada’s policy of protecting each spouse’s equal, undivided interests in community property.

nevada divorce property division represented by coin jars

Retirement Accounts

Your retirement accounts require special handling during divorce. Here’s why: Many people start contributing to retirement accounts before marriage and continue contributing throughout their married life. The law protects those pre-marriage contributions as your separate property, even though later contributions made during marriage are considered community property.

Nevada courts use the “time rule” to divide these accounts fairly. This means we look at the timeline of contributions – any money you put into the account before marriage stays yours, while contributions made during marriage are split equally between both spouses. For example, if you contributed to your 401(k) for three years before getting married, those three years of contributions remain your separate property.

Community Property Also Means Community Debts!

When you’re going through a divorce, debts are just as much a part of the property division process as your assets. Think of debt as “negative property” that must be divided between you and your spouse.

Here’s the key principle: If you took on the debt during your marriage, it belongs to both of you – what we call “community debt.” The law assumes both spouses benefited from whatever was purchased or financed with that debt, so you’ll both share responsibility for paying it back.

But what about debts from before the marriage? Those stay with the person who originally took them on. For instance, if you brought student loans into the marriage, those remain your separate debt after divorce.

Sometimes, the court might assign more debt to the spouse with a higher income – but they’ll balance this by giving that person more assets too. At the end of the day, the goal remains a 50/50 split of your combined assets and debts.

What Happens to Property Outside Nevada?

Do you own property in another state? Maybe a vacation home in California or a rental property in Arizona? Many of our clients at Kelleher & Kelleher ask how Nevada courts handle these out-of-state assets during divorce.

Here’s the good news: If you’re getting divorced in Nevada, our courts can typically handle all your property division matters – regardless of where that property is located. The court has authority over you and your spouse, which means they can direct both of you to take necessary actions with any property, wherever it might be.

A Word of Caution Sometimes, local laws where your property is located might affect how we handle its division. For example, if you own a timeshare in Hawaii, specific state regulations there could influence the property transfer process.

That’s why at Kelleher & Kelleher, we thoroughly research these cross-state legal issues early in your case. Our experienced Las Vegas family law team anticipates and addresses these complexities before they become problems. Call us at (702) 384-7494 to discuss your specific property concerns.

Beyond Bank Accounts: The Complex World of Intangible Assets

At Kelleher & Kelleher, we see it time and again – successful professionals and business owners facing a unique challenge in divorce: How do you divide something you can’t touch or see?

Your high-value divorce might involve assets that don’t sit in a bank account or park in your driveway. We call these “intangible assets,” and they often represent significant value in modern divorces. Examples of intangible assets include things like your company’s brand value – built through years of dedication. Stock options from your tech career. Patents that protect your innovations. Even the value of your professional reputation or celebrity status.

The Art and Science of Valuation These assets need skilled experts to determine their true worth. Much like getting your home appraised, professional valuators analyze market conditions, future earning potential, and industry standards to put a dollar figure on these intangible assets.

Finding Common Ground You and your spouse have options. You can agree on values together, potentially saving time and money. If agreement isn’t possible, our network of trusted experts will provide clear, defensible valuations that stand up in court.

Let our Las Vegas family law team protect the value you’ve built. Call Kelleher & Kelleher at (702) 384-7494 for strategic guidance on your high-value divorce case.

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a woman is upset because the other side lies in a child custody case

What To Do When The Other Side Lies in Child Custody Case?

Posted by Staff In Child Custody, Divorce 0 comment

When child custody battles heat up in Nevada, false allegations can turn an already challenging situation into a nightmare. As experienced Las Vegas divorce attorneys at Kelleher & Kelleher, we’ve seen how fabricated stories and exaggerated claims can spiral out of control during custody disputes. We’re here to help you protect your rights and your relationship with your children.

The Reality of False Claims in Family Court

False allegations in custody cases often start small. A parent might blow minor incidents out of proportion or create fictional scenarios, hoping to gain an advantage in court. Sometimes these claims stem from genuine hurt and betrayal. Other times, they’re calculated attempts to damage the other parent’s custody rights.

If you’re facing false accusations in your custody case, you’re likely experiencing a whirlwind of emotions – shock, fear, and anger are all normal responses. Many parents immediately want to retaliate with their own accusations, but this approach rarely helps your case. It will be tempting to retaliate, or to try and use their own tricks against them. But don’t. This just doesn’t work.

As your family law attorneys in Las Vegas, we’ll help you focus on what truly matters – the legal framework that governs custody decisions. Nevada courts base their decisions on concrete facts and specific legal guidelines, not emotional accusations.

The courts follow NRS 125.480, which clearly states that custody decisions must focus solely on your child’s best interests. Here’s what you need to know:

Legal Authority: Courts can make both interim and final custody orders under NRS 125.510 and NRS 125.230.

Gender Neutrality: The law doesn’t favor either parent based on gender or traditional parental roles.

Parental Agreements: When parents create their own custody arrangements, courts generally accept these unless they’re unconscionable or illegal.

You’ll notice that nowhere in there does it say anything about who proves the other side wrong, or who has the most compelling story.

a man is upset because the other side lies in a child custody case

Real-World Examples of False Allegations

In our years as Nevada family law specialists, we’ve seen various types of false allegations:

Example 1: A parent claims the other never attends school events or medical appointments, but email records and doctor’s office sign-in sheets show consistent involvement.

Example 2: Accusations of substance abuse surface only after custody proceedings begin, despite social media posts showing the accusing parent socializing with the accused parent without concern.

Example 3: Claims of an “unsafe home environment” arise, yet photos, videos, and witness statements demonstrate a loving, well-maintained home life.

So How Do You Fight Against Lies By The Other Side?

Our Las Vegas family law attorneys recommend a proactive approach to protecting yourself. Before

Document Everything: Create a strong foundation of evidence:

  • Save every email about parenting matters
  • Keep a detailed visitation log
  • Record all child-related expenses
  • Maintain copies of school and medical records

Communication Best Practices:

  • Use email for important conversations
  • Keep messages focused on the children
  • Remain professional and courteous
  • Save all written exchanges

Professional Documentation:

  • Request progress reports from teachers
  • Maintain records of counseling sessions
  • Keep documentation of extracurricular activities
  • Save receipts for child-related expenses

Digital Communication as Evidence

Email stands as your strongest digital ally in custody disputes. Unlike text messages, emails create a clear, timestamped record that’s difficult to manipulate. Make email your go-to channel for discussing pickup times, school events, medical appointments, and other parenting matters.

While text messages play a role in your case, they require additional verification steps. Save screenshots with visible dates and phone numbers, and back up your text histories regularly. At Kelleher & Kelleher, we help you build a solid chain of custody for all your digital evidence.

Daily Documentation Strategies

Your calendar becomes a powerful weapon against false claims. Record every interaction:

  • Child pickup and dropoff times
  • School event attendance
  • Medical appointments
  • Extracurricular activities
  • Parent-teacher conferences

These detailed records can swiftly disprove claims about uninvolved parenting. For example, if your ex claims you’ve been absent from your child’s life, your documented history of regular pickups and doctor’s visits tells a different story.

The Social Media Factor

Social media posts often reveal the truth behind false allegations. We’ve seen cases where a parent accuses their ex of negligent behavior, only to have their own social media activity contradict their claims. Particularly telling are posts showing:

  • Joint family activities
  • Positive co-parenting moments
  • Contradictions to court statements
  • Public behavior patterns

However, social media can cut both ways. Courts take a serious view of parents who use platforms to criticize or shame their co-parent. Such behavior can harm your case and, more importantly, your children’s emotional well-being.

Legal Protections and Remedies

Nevada family courts have several tools to address false allegations:

Court Orders: Judges can issue orders preventing parties from making unfounded reports to authorities

Sanctions: Courts may impose penalties for knowingly false statements

Custody Modifications: Repeated false allegations can lead to custody changes

Guardian ad Litem: The court might appoint an independent advocate for your child

Your Next Steps

Don’t let false allegations threaten your relationship with your children. Our Las Vegas custody attorneys at Kelleher & Kelleher are ready to help you build a strong defense and protect your parental rights.

Call us at (702) 384-7494 for a consultation. We’ll review your situation, explain your options, and help you develop a strategy to counter false allegations effectively.

Looking for more family law resources? Our Las Vegas family law team regularly shares insights on custody matters, divorce proceedings, and other family law topics. Contact our family law attorneys today to learn how we can help protect your rights as a parent.

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What is the Difference Between Periodic Alimony and Lump-Sum Alimony?

Posted by Staff In Alimony 0 comment

When you’re going through a divorce in Nevada, you might face a critical decision about alimony payments. The main difference between periodic and lump sum alimony is straightforward: periodic alimony involves regular payments over time, while lump sum alimony is a single, one-time payment that settles all spousal support obligations immediately.

Picture this: Sarah, a successful business owner, was weighing her alimony options. Her spouse had requested alimony, and she needed to decide between making monthly payments for five years or offering a single lump sum payment. Like many of our clients at Kelleher & Kelleher, she needed clarity on which option would better serve her long-term financial interests. In her case, a lump sum payment was difficult, but protected her personal and business income from unexpected ups and downs that may come in the future.

The choice between periodic and lump sum alimony can significantly impact your financial future. As family law attorneys serving Nevada families for decades, we’ve seen how this decision affects both parties in a divorce. Some clients benefit from the flexibility of periodic payments, while others find freedom in the finality of a lump sum settlement.

At Kelleher & Kelleher, we’ve guided countless Las Vegas residents through these exact decisions. Our family law attorneys have deep experience with both traditional periodic alimony arrangements and lump sum settlements. We’ve seen firsthand how each type of alimony serves different needs and situations. Let’s take a look at both of these options.

The Basics of Periodic Alimony

Periodic alimony represents the most common type of spousal support in Nevada divorces. Think of it as a regular paycheck – you’ll either receive or pay a set amount on a specific schedule, typically monthly. These payments help maintain financial stability for the receiving spouse while they transition to financial independence. Your alimony attorney is your champion for ensuring that the periodic alimony amount is fair both in how much it is, and how long it lasts.

How Periodic Payments Work

Most of our Las Vegas clients at Kelleher & Kelleher opt for monthly payments, though some arrange for quarterly or even annual disbursements. For example, if the court awards $2,000 in monthly alimony, you’ll see this money consistently transfer on a set date, much like a regular salary. But it is possible to do something like $6,000 quarterly, if circumstances are right for that arrangement.

When Periodic Alimony Makes Sense

We often recommend periodic alimony when:

  • You’re ending a long-term marriage where one spouse focused on home life while the other built a career
  • The paying spouse has steady income but lacks substantial liquid assets
  • The receiving spouse needs time to gain job skills or complete education

For example, there’s Mike, who worked as a software developer while his wife Lisa stayed home with their children for 15 years.  The court ordered periodic alimony payments of $3,000 monthly, but limited it to five years, giving Lisa ample time to update her nursing credentials and return to her career.

periodic alimony allows a spouse to return to nursing school
periodic alimony allows a spouse to return to nursing school

Tax Considerations for Periodic Alimony

The tax landscape for alimony changed dramatically in 2019. Now, if you pay periodic alimony, you can’t deduct these payments from your taxes. And if you receive alimony, you don’t need to report it as income. Our family law team at Kelleher & Kelleher can help you factor these tax implications into your divorce strategy.

Modifying Periodic Alimony in Nevada

One significant advantage of periodic alimony: you can modify it if circumstances change substantially. Lost your job? Faced a serious illness? Experienced a significant income change? Nevada courts may adjust your alimony arrangement. However, you’ll need strong legal representation to prove why these changes merit modification. Courts don’t like second-guessing the decisions of earlier judges or agreements without good reason.

For example, an unexpected layoff in the gaming industry may mean alimony payments need to be reduced. With proper documentation and legal strategy, good lawyers can secure a temporary reduction until new employment is found.

Lump Sum Alimony

Lump sum alimony provides a clean break in your divorce by settling all spousal support obligations with a single payment. This approach can offer both parties a fresh start without ongoing financial ties and the stress of future negotiations as circumstances change.

How Lump Sum Payments Work

Unlike periodic payments, lump sum alimony involves calculating the total support needed and paying it all at once. Let’s say your periodic alimony would have been $2,000 monthly for five years. A lump sum arrangement might involve paying $120,000 upfront (though the actual amount often differs due to various financial factors).

Benefits of Choosing Lump Sum

The appeal of lump sum alimony often lies in its finality. Here’s an example scenario: Sarah owns a successful small business in Las Vegas, while her spouse David left his career to support her business growth. Instead of making monthly payments that could fluctuate with her business income, Sarah might prefer offering a lump sum. This could protect her future business earnings and give David immediate capital to restart his own career.

Financial Planning with Lump Sum Payments

When considering a lump sum payment, you need to think carefully about long-term financial implications. For example:

A spouse receiving $200,000 in lump sum alimony needs to budget carefully to replace what could have been $4,000 monthly payments over several years. You might need to invest part of the money to create an income stream, save some for taxes, and use the rest for immediate needs like education or starting a business.

a lump sum alimony payment lets a business owner focus on work
a lump sum alimony payment lets a business owner focus on work

Tax Implications to Consider

The tax treatment of lump sum alimony differs from periodic payments. For instance, if you’re structured as a property settlement rather than alimony, the tax implications change significantly. Our family law attorneys at Kelleher & Kelleher can explain how these distinctions might affect your specific situation.

The Permanent Nature of Lump Sum Decisions

Here’s a critical point about lump sum alimony: once it’s done, it’s done. This cuts both ways. For the recipient, it means no going back for any additional funds. But for the payer, it means not having access to future modifications that could decrease payments. Let’s consider a hypothetical case:

Mark agrees to pay Rachel a lump sum of $150,000 instead of $2,500 monthly for five years. Six months later, Mark loses his job. Unlike with periodic alimony, he can’t request a modification. The payment is final, regardless of how either party’s circumstances change.

Real Estate and Asset Division Connections

Lump sum alimony often intertwines with property division. For example: You might agree to give up your share of the family home in Las Vegas (worth $300,000) in exchange for not paying any future alimony. Or you could secure your lump sum payment through other marital assets like retirement accounts or investment portfolios.

As experienced Nevada family law attorneys, the team at Kelleher & Kelleher can help you weigh these complex financial decisions. Call us at (702) 384-7494 to discuss whether lump sum or periodic alimony better suits your situation.

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Contested Divorce in Las Vegas? A Guide from Nevada’s Family Law Experts!

Posted by Staff In Uncategorized 0 comment

Let’s start with the simplest explanation: a contested divorce occurs when you and your spouse disagree about any aspect of ending your marriage. This could be about property division, child custody, alimony, or even who keeps the family pet.

Think of divorce as untangling two deeply connected lives. When both spouses agree on how to separate these connections, that’s an uncontested divorce. But when there’s disagreement about any part of this separation, you’re looking at a contested divorce.

As family law attorneys serving Las Vegas for decades, we at Kelleher & Kelleher see contested divorces every day. While they might sound intimidating, they’re actually quite common. You’re not alone in this situation – many Nevada couples go through this process, and we’re here to explain exactly what you can expect.

The reality is, most divorces start as contested. After all, ending a marriage involves dozens of decisions about your future, your finances, and potentially your children. It’s natural for couples to disagree on some of these crucial life changes.

Common Areas of Dispute in Contested Nevada Divorces

At Kelleher & Kelleher, our Las Vegas divorce attorneys have seen firsthand how certain issues consistently spark disagreement during divorce. Let’s break down these key areas and what they mean for your case.

Property Division

Nevada follows community property laws, which means assets acquired during your marriage typically get split 50/50. But here’s where things get complex: not every asset fits neatly into a spreadsheet or can be cut down the middle.

Take retirement accounts, for instance. Maybe you’ve built up substantial 401(k) savings during your marriage. Even if the account is in your name only, your spouse likely has a claim to part of it. Our Las Vegas disputed divorce team regularly handles the intricate process of dividing these accounts.

Business ownership adds another layer of complexity. If you or your spouse started or grew a business during marriage, you’ll need accurate valuations and potentially complex negotiations about buyouts or ongoing ownership arrangements.

Even seemingly straightforward assets like your family home can raise tricky questions that create a contested divorce:

  • Who stays in the home during divorce proceedings?
  • Should you sell and split the proceeds?
  • Can one spouse buy out the other’s share?
  • How do you handle an underwater mortgage?

Child Custody

As experienced child custody attorneys, we’ve seen how custody disputes touch every aspect of parenting. Nevada courts focus on one guiding principle: the best interests of your children. But defining those “best interests” often leads to heated disagreement. The disputes related to child custody fall into two categories: physical custody questions and legal custody questions.

Physical Custody determines where your children spend their time. A practical parenting schedule considers:

  • School and activity schedules
  • Your work commitments
  • Holiday arrangements
  • Summer break planning
  • Transportation between homes

Legal Custody shapes how you and your co-parent make major decisions about your children’s future. As contested divorce attorneys in Las Vegas, we’ve seen how these decisions touch every aspect of your children’s lives – from choosing schools and medical treatments to religious practices and extracurricular activities. Each of these choices carries weight for your child’s development and future opportunities.

Many parents come to us worried about losing their say in the decisions related to their children. At Kelleher & Kelleher, we work to create arrangements that keep both parents actively and appropriately involved in their children’s lives. For example, we might establish protocols where both parents must consult each other before making medical decisions, while allowing day-to-day choices to rest with the parent who has physical custody at that time.

We pride ourselves on crafting custody solutions that work in the real world, not just on paper. This might mean setting up digital co-parenting tools to improve communication between busy parents, or creating flexible schedules for parents working irregular hours. For families dealing with long-distance parenting, we develop detailed plans that maximize meaningful connection through a mix of in-person visits and virtual contact. Even holiday schedules get careful attention – we help you create rotation systems that feel fair and keep your children connected to their family.

Child Support

Child support might seem straightforward at first glance – after all, Nevada has specific guidelines for calculating these payments. But as family law specialists (read about what a family law specialist means here), we’ve seen how these calculations can become complex quickly. Your child’s financial future deserves a detailed look at every factor that could affect their support.

Let’s talk about real income first. At Kelleher & Kelleher, we dig deeper than just looking at a basic salary. Those year-end bonuses? They count. That overtime pay you regularly earn? That matters too. We’ve seen cases where uncovering all sources of income made a significant difference in the support children received. For example, one parent might work a traditional job while also earning income from rental properties or a side business – all of these sources need to factor into child support calculation, and they have to be fair.

The real costs of raising your children may extend far beyond basic needs. Health insurance premiums play a major role in support calculations, but what about out-of-pocket medical expenses? Your children’s required medications, therapy sessions, or special medical equipment all affect the final support amount. We make sure these essential costs don’t get overlooked.

Childcare expenses often shock parents who haven’t priced daycare recently. In Las Vegas, quality childcare can cost as much as a mortgage payment! When you’re working to support your family, these costs need to be factored into your support arrangement. The same goes for special education needs, tutoring, or enrichment activities that benefit your child’s development.

As your family law team, we also look ahead. Maybe your child excels in competitive sports, requiring expensive equipment and travel. Perhaps they have unique educational needs that could require private schooling. These special circumstances deserve careful consideration in your support agreement. We’ve helped parents create arrangements that account for future cost increases, ensuring their children’s needs continue to be met as they grow.

Spousal Support

Let’s talk about one of the most complex aspects of contested divorce: spousal support, also known as alimony. As alimony attorneys in Las Vegas, we’ve seen how this topic often creates intense debate during divorce proceedings. The reality? No two cases look exactly alike because every marriage has its own unique financial story.

Think about Sarah, a recent client who spent 15 years supporting her husband’s medical career by managing their household and caring for their children. Now that they’re divorcing, she needs time and resources to rebuild her own career. Or consider Michael, who developed chronic health issues during his 20-year marriage, affecting his ability to work full-time. These real scenarios (with names changed) show why spousal support isn’t just about numbers—it’s about creating fair and reasonable support.

Your current financial reality matters just as much as your history. We analyze both spouses’ earning potential, looking beyond current paychecks to examine the whole financial landscape. Will one spouse likely stop working in the future, or possibly return to the workforce after a long break? Maybe you need additional education to re-enter your field. Perhaps your former spouse has equity compensation or bonuses that should factor into support calculations. Our contested divorce team digs deep to uncover all relevant financial details.

Age and health conditions can dramatically impact support arrangements. We recently helped a client in her late 50s secure support that accounted for her arthritis, which limited her typing ability and affected her employment options as an administrative professional. These real-world factors demand attention when crafting fair support agreements.

Sometimes, spousal support connects directly to a property settlement. You might agree to a different split of retirement accounts in exchange for modified support terms. Or perhaps you’ll keep the family home but accept lower monthly support payments. We help you weigh these trade-offs to find solutions that make sense for your future.

Remember those late-career degrees or professional certifications one spouse earned while the other kept the household running? Nevada courts consider these contributions when determining support. Your role in building your spouse’s earning potential has real value, and we make sure it gets recognized.

Call Kelleher & Kelleher at (702) 384-7494 to discuss your unique situation. Our Las Vegas family law team can help you develop a spousal support strategy that protects your financial future while being fair to both parties.

contested divorce leads to complicated paperwork

The Contested Divorce Process: Your Path Forward

As experienced contested divorce lawyers in Las Vegas, we at Kelleher & Kelleher guide clients through every phase of this challenging journey. Let’s walk through what you can expect when you work with our team of contested divorce lawyers.

Filing Your Case: The First Steps Matter

Your contested divorce begins when one spouse files a Complaint for Divorce with the Nevada courts. As your contested divorce lawyers, we ensure this document accurately presents your position on every issue, from property division to child custody. The other spouse then has 21 days after being served to respond. This response shapes the entire course of your case, which is why having skilled contested divorce lawyers from the start makes such a difference.

Discovery: Building Your Strongest Case

The discovery phase might sound technical, but think of it as gathering evidence to support your position. Our contested divorce lawyers excel at uncovering the details that strengthen your case. We might need to examine tax returns spanning several years, dig into retirement account statements, or review communication records about your children.

Sometimes we bring in expert witnesses – maybe a forensic accountant to trace hidden assets, or a child development specialist to assess custody arrangements. Recently, we helped a client prove her spouse had undervalued their family business by tens of thousands of dollars, securing her fair share of this vital asset.

Negotiations and Mediation: Finding Common Ground

Even in contested divorces, reaching agreements outside the courtroom often serves your best interests. The contested divorce lawyers at Kelleher & Kelleher excel at strategic negotiation. We’ve seen cases where spouses who initially disagreed on everything found workable solutions through skilled mediation.

Picture this: you’re stuck on how to divide your retirement accounts while ensuring both parties can maintain their lifestyle. Our contested divorce lawyers might propose creative solutions, like offsetting retirement funds against other assets or structuring a payment plan that works for everyone. We recently helped a client keep her cherished family home by negotiating a fair trade-off with other marital assets.

Trial Preparation: Ready for Any Scenario

If negotiation doesn’t resolve all issues, your contested divorce lawyers prepare meticulously for trial. At Kelleher & Kelleher, we build compelling arguments backed by solid evidence. We rehearse testimony, organize exhibits, and craft strategies to present your case effectively to the judge.

The courtroom can feel intimidating, but our contested divorce lawyers ensure you’re thoroughly prepared. We explain what to expect, how to dress, when to speak, and how to present yourself confidently. You’ll never walk into that courtroom alone – your dedicated legal team stands beside you every step of the way.

Ready to work with contested divorce lawyers who combine deep legal expertise with genuine care for your future? Call Kelleher & Kelleher at (702) 384-7494. Our Las Vegas family law team will protect your rights and fight for your best interests throughout your contested divorce.

lawyers for contested divorce negotiate

How a Family Law Attorney Helps

The family law attorneys at Kelleher & Kelleher protect your rights throughout the contested divorce process. We:

  • Gather and present compelling evidence
  • Handle complex paperwork and court deadlines
  • Negotiate effectively on your behalf
  • Present your case strongly in court if needed

Getting Help with Your Contested Divorce

If you’re facing a contested divorce in Nevada, call Kelleher & Kelleher at (702) 384-7494. Our experienced Las Vegas family law attorneys will guide you through each step of the process, protecting your interests and working toward the best possible outcome for you and your family.

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